20th Annual Bill of Rights
Art and Essay Contest, 2003-2004

for Students in Grades 7 through 12

TOPIC:  Should the government stop collecting and using information on race, color, ethnicity, or national origin?

THE CONSTITUTIONAL PRINCIPLES

• Freedom of Speech:
  The First Amendment to the United States Constitution says, "...Congress shall make no law...abridging the freedom of speech"
   
• Liberty and Equal Protection:
  The Fourteenth Amendment to the United States Constitution says, "No state shall...deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

THE QUESTION

State and local governments collect information on race, color, ethnicity, or nation origin of employees, medical patients, and other individuals for many purposes. Should the government be permitted to collect and use information about race, ethnicity, color, or national origin?

BACKGROUND

The government collects and uses information on our race, color, ethnicity, or national origin to detect discrimination and ensure diversity in employment and education. It also uses this information in law enforcement to track hate crimes and racial profiling by police making arrests or traffic stops. Information about race and ethnicity is also gathered and used by state agencies, doctors, and health care providers to track and prevent disease. By analyzing this data, treatment and prevention programs can be aimed at those people who are most at risk.

In California there is a movement to prohibit state and local governments from collecting or using any information on race, color, ethnicity, or national origin. Proponents argue that we are a "color-blind" society and that the government should not classify or divide us by race so our racial privacy will be protected.

Opponents say that is essential for government agencies to gather information about race to make sure that health care is targeted to the right people, that every student is provided with an equal education, that law enforcement can track hate crimes and prevent racial profiling, and that our civil rights to nondiscrimination in employment, housing, and public services can be protected. In Grutter v. Bollinger (2003), the U.S. Supreme Court recently upheld as constitutional the use of race as a factor to admit students to law school.

In response, those seeking to prohibit the government from gathering data about race, color, ethnicity, or national origin say that such racial categorization is an obstacle that prevents us from achieving the "color-blind" ideal.

What do you think?

Does our right to freedom of speech include the rights to research and use data about race, color, ethnicity, and national origin? Does our right to equal protection require the government to know who is receiving or denied government benefits because of race, color, ethnicity, or national origin?

For more information:

About Proposition 54 www.voterguide.ss.ca.gov www.lao.ca.gov www.smartvoter.org   Cases and Statutes www.findlaw.com www.supremecourtus.gov

No on Proposition 54 www.defeat54.org   Yes on Proposition 54 www.racialprivacy.org   Additional information www.aclu.org www.aclunc.org